Can Both People Be Arrested for Domestic Violence in Florida?

 Posted on April 02, 2026 in Domestic Violence

Both people involved in a domestic dispute can be arrested for domestic violence in Florida. Florida law requires officers to try to identify a primary aggressor in a domestic violence situation. However, if both people have injuries, both make accusations, or the facts are unclear, police may decide to arrest both parties rather than make a judgment at the scene.

A dual arrest situation comes with its own legal complications that make having a strong defense even more important. If you or someone you love is facing a domestic violence charge in 2026, our Miami domestic violence defense lawyer can help you build a strong case to challenge the allegations against you.

What Is Considered Domestic Violence Under Florida Law?

Florida Statute § 741.28 defines domestic violence as any assault, battery, sexual assault, stalking, or other criminal offense that is capable of resulting in physical injury or death of one family or household member by another. The law applies to a wide range of relationships, including spouses, former spouses, people related by blood or marriage, people who live together or have lived together as a family, and people who share a child.

The definition is broad. It does not matter whether the people involved are married, dating, or simply roommates who share a child. If the relationship fits the definition and a physical incident occurred, domestic violence charges can be filed.

What Happens After Both People Are Arrested for Domestic Violence in Florida?

After both people are arrested, the cases are handled separately by the State Attorney's Office. Each person will have their own case, their own charges, and their own legal process. The fact that the other person was also arrested does not automatically help or hurt your case.

Keep in mind that in Florida, the alleged victim cannot simply drop the charges. Once an arrest is made and charges are filed, the decision to move forward belongs to the State Attorney's Office. Even if the other person does not want to cooperate, the case can still go forward.

Can You Claim Self-Defense in a Florida Domestic Violence Case?

Self-defense is one of the most important defenses in domestic violence cases, including dual arrest situations. Under Florida Statute § 776.012, a person is justified in using force against another when they reasonably believe it is necessary to protect themselves from harm.

If you were physically defending yourself during the incident, evidence used to prove that may include:

• Medical records and photographs of injuries

• Witness statements from anyone who saw or heard the incident

• Body camera footage from the responding officers

• Text messages or other communications between the parties

• Any available surveillance video from the area

A defense attorney will look at all available evidence to build a clear picture of what happened. 

What Should You Do Right After a Domestic Violence Arrest in Florida?

The first thing to remember after you have been arrested for domestic violence in Florida is to stay silent. Do not try to explain what happened to police or investigators without an attorney present.

Do not contact the other person involved. Florida courts routinely issue a no-contact order as a condition of release after a domestic violence arrest. Violating that order, even if the other person reaches out to you first, can result in additional charges.

Contact a defense attorney as quickly as possible. Getting an attorney involved early can make a real difference, especially for preserving evidence and protecting your right to avoid self-incrimination.

Schedule a Free Consultation With Our Miami Domestic Violence Defense Attorney

At Stroleny Law: Criminal Defense Attorney, we fight hard for every client we represent. Attorney Julian Stroleny is a former Assistant State Attorney in Miami-Dade County who knows exactly how the prosecution builds domestic violence cases and where they fall apart. He is local to Coconut Grove and has earned almost 400 five-star reviews from clients throughout the Miami area who trusted him with some of the most difficult moments of their lives.

Call 305-615-1285 to schedule a free consultation with our Miami domestic violence defense lawyer today. We are available 24/7.